The Practice of International Criminal Courts in Approaching Cultural Heritage from a Human Rights Perspective

Since the International Criminal Court was established, Ahmad al-Faqi al-Mahdi was the first person prosecuted by the Court for crimes against cultural heritage. In his trial, the Court appears to have followed a practice influenced by human rights. Such human rights influence can also be observed in other international criminal courts, such as International Criminal Tribunal for the Former Yugoslavia (ICTY). One can argue that the change in the notion of cultural heritage and the increasing salience of cultural heritage in international public opinion from a human rights perspective count among the factors affecting the international criminal courts. Against this backdrop, the present article draws on a descriptive and analytical methodology to explain the practices adopted by the international criminal courts from a human rights perspective. It answers how international criminal courts approach cultural heritage by suggesting that human rights influence the international criminal courts in their approach to cultural heritage. This research discusses the shift in the notion of cultural heritage, the practice of international criminal courts, and the international community's approach to shared cultural heritage.